<abstract xmlns="http://www.w3.org/1999/xhtml">

The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the freezing and confiscation of crime proceeds in the criminal law domain, the formal approach in some European states destroys the potential of one of the most advanced instruments against crime proceeds—civil confiscation orders. The study offers a comparative analysis of the concepts of the confiscation of crime proceeds within and outside the frameworks of criminal proceedings. The analysis serves as the basis for the discussion of whether there is reasonable ground for the formal distinction between these concepts.
The author concludes that the formal elimination of the civil confiscation orders has no substantial background. The analysis of both extended powers of confiscation in the criminal law domain in Europe and the Lithuanian Law on Civil Confiscation in the light of principles of proportionality and fair proceedings shows that civil confiscation regimes outside the framework of criminal proceedings may provide adequate safeguards to those provided in the confiscation regimes within criminal proceedings.
The paper contributes to the discussion that is relevant to any European state that considers enacting or amending the civil confiscation legal framework or the legal regulation on recognising and executing crime proceeds confiscation orders. The paper elaborates on the approach that could enhance cooperation among European states in the prevention of organised crime.
</abstract>

The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the freezing and confiscation of crime proceeds in the criminal law domain, the formal approach in some European states destroys the potential of one of the most advanced instruments against crime proceeds—civil confiscation orders. The study offers a comparative analysis of the concepts of the confiscation of crime proceeds within and outside the frameworks of criminal proceedings. The analysis serves as the basis for the discussion of whether there is reasonable ground for the formal distinction between these concepts.
The author concludes that the formal elimination of the civil confiscation orders has no substantial background. The analysis of both extended powers of confiscation in the criminal law domain in Europe and the Lithuanian Law on Civil Confiscation in the light of principles of proportionality and fair proceedings shows that civil confiscation regimes outside the framework of criminal proceedings may provide adequate safeguards to those provided in the confiscation regimes within criminal proceedings.
The paper contributes to the discussion that is relevant to any European state that considers enacting or amending the civil confiscation legal framework or the legal regulation on recognising and executing crime proceeds confiscation orders. The paper elaborates on the approach that could enhance cooperation among European states in the prevention of organised crime.

Label V. Content: The Problem of Non-Recognition of Civil Confiscation Orders in Europe

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the...

Label V. Content: The Problem of Non-Recognition of Civil Confiscation Orders in Europe

Online veröffentlicht: 07. Jan. 2023

Seitenbereich: 54 - 70

Eingereicht: 12. März 2022

Akzeptiert: 07. Juli 2022

DOI: https://doi.org/10.2478/bjlp-2022-0003

Schlüsselwörter
Civil confiscation, recognition of confiscation orders, Regulation 2018/1805, crime proceeds

© 2022 Skirmantas Bikelis, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Label V. Content: The Problem of Non-Recognition of Civil Confiscation Orders in Europe

Online veröffentlicht: 07. Jan. 2023

Seitenbereich: 54 - 70

Eingereicht: 12. März 2022

Akzeptiert: 07. Juli 2022

DOI: https://doi.org/10.2478/bjlp-2022-0003

SchlüsselwörterCivil confiscation, recognition of confiscation orders, Regulation 2018/1805, crime proceeds

© 2022 Skirmantas Bikelis, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Schlüsselwörter
Civil confiscation, recognition of confiscation orders, Regulation 2018/1805, crime proceeds